UPDATE: Kennewick teen will be tried as adult for kidnapping

A 15-year-old Kennewick boy accused of abducting an elderly Kennewick woman and plotting to kill her will be tried as an adult.

Judge Robert Swisher followed the recommendation of juvenile justice officials and ruled Thursday that the criminal case against Billy Underwood will be heard in Benton County Superior Court, despite the teen’s troubled childhood and drug use.

Underwood and two other teens — Dyllan Martin, 16, and Katlyn Kenfield, 14 — allegedly abducted Hazel Abel, 86, from her home Nov. 2, stashed her in the trunk of her own car and drove to Oregon.

Abel, who is Martin’s great-grandmother, eventually escaped unharmed at a Walmart near Portland when she managed to free herself.

All three teens have been charged with first-degree kidnapping, first-degree burglary and car theft. They reportedly planned to run away and wanted to use her car.

Martin previously was charged as an adult because of his age, while Underwood and Kenfield, who were dating before the kidnapping, were initially charged in juvenile court. Prosecutors say they expect to ask a judge to bump Kenfield’s case to adult court too.

During a hearing Thursday to decide if Underwood should be tried as an adult, prosecutors said if he was convicted in juvenile court, he would likely serve a shorter sentence behind bars, and there would be no guarantee of community supervision once he was released.

If Underwood is convicted as an adult, he would serve his sentence locked up in a juvenile facility, where he could be held until he’s 21, officials said. He also would be on community supervision for three years.

Deputy Prosecutor Andrew Howell pointed to some of the alleged cold-blooded details of the crime as a reason why Underwood should be treated like an adult.

He said the kidnapping plan was well thought out, and the teens took calculated steps to execute the abduction, including getting dropped off at a park near the home, waiting until dark and unscrewing a porch light before attacking Abel.

They threw dirt in her face when she opened the door, gagged her, then covered her face and bound her hands, Howell said.

Prosecutors say Underwood and Martin discussed ways to kill Abel and dispose of her body, and Underwood even scouted canyons and remote areas where they could leave her to die from exposure.

“The plan ultimately and always was to kill Ms. Abel,” Howell said.

Defense attorney Christine Bennett told Swisher that the case should be tried in juvenile court because of Underwood’s tough upbringing and the possibility of a special sentence longer than sentencing guidelines that could keep him in custody in a juvenile facility until he is 21.

Testimony from juvenile probation counselor Elizabeth Lee and Underwood’s family members shed light on the teen’s troubled childhood, which reportedly included violent abuse, suicidal episodes, brushes with the law and drug abuse.

There also was testimony from relatives about Underwood’s volatile and destructive relationship with Kenfield.

Supervision at the Underwood home was “chaotic,” Lee said.

Underwood was not attending school before his arrest and was in trouble constantly throughout his middle school years, including a conviction for residential burglary when he was 12.

Swisher listened to testimony about Underwood’s childhood and agreed the teen had been through tough times.

“Mr. Underwood had a terrible childhood, no question about that,” the judge said.

Lee said she consulted with other officials in the juvenile system and all agreed that Underwood’s case should be moved to adult court.

After nearly a full day of testimony, Swisher ruled Thursday afternoon that the allegations against Underwood were serious enough for the teen to be tried as an adult.

The judge told the court that the crimes were planned, aggressive and Underwood was capable of knowing that kidnapping Abel was wrong.

“These weren’t impulse acts,” he said.

This story was originally published December 3, 2015 at 1:02 PM with the headline "UPDATE: Kennewick teen will be tried as adult for kidnapping."